Summer Possession Notice

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Summer Possession Notice


child-with-bookDid you receive notice for a possession schedule on April 1st?  Or, did you forget to give your April 1 notice for your summer possession?

            If you are wondering what to do next, first read your decree or final order.  That is the most important step to get a great understanding of what you need to do.  But with that in mind, here are 3 thoughts based on Texas Family Code Standard Possession to help your next steps go smoothly:

1)      If you missed your April 1 deadline, keep reading your decree or order.  Standard Possession from the Texas Family Code gives another way for possessory conservators to have extended possession during the summer. You will have your children for thirty days starting July 1 ending on July 31.  And, your ex-spouse (the managing conservator) needs to give you notice by April 15th about two weekends that will affect your summer possession.

2)     If you are the managing conservator and received notice from your ex-spouse (the possessory conservator) about the periods of possession during the summer, and you have Texas Family Code Standard Possession you get to make choices about two weekend periods of possession.  After you have decided about your weekends, you have to give your notice to the possessory conservator by April 15 about what weekend you will exercise during the time your child is with the possessory conservator and one weekend when regular weekend possession time will not occur – but it can’t be over Father’s Day Weekend.

3)     If you miss your April 15 deadline, you still get to choose one weekend that a regular weekend possession will not occur, but you must give 14 days written notice before that weekend.

             There are other details to consider that are important and will be included in your decree about how to give your notice and when the possession can start and end in relation to your child’s school schedule.  If you don’t have Standard Possession in your decree or final order, then your requirements and time will probably be different.  You will need to read those details to make sure you get them right.  And, contact an attorney to help you if you’re not sure what you are supposed to do.  This is only general advice to help you think about your situation – always refer to the Orders in your case.

By | 2016-10-30T04:35:15+00:00 April 3rd, 2013|Divorce, Family Law|0 Comments